Collective Trademark Research Articles

What are Guarantee and Collective Trademarks?

What are Guarantee and Collective Trademarks?

Legal Empowerment for SMEs Regarding Collective Marks: A Legal Analysis

This study aims to conduct a legal analysis regarding the empowerment of SMEs in obtaining protection for collective trademark rights. This article uses doctrinal research (normative juridical), using primary and secondary legal materials and non-doctrinal using primary data. The results of the research and discussion show that empowering MSMEs through collective brand protection needs to be considered from both normative and empirical aspects. From the normative aspect, there are still inconsistent arrangements and unclear norms. while at the empirical level the provision of collective brand protection for MSMe is relatively difficult to realize.

Effectiveness, Problems, and Transformation of Geographical Indications in the Context of Rural Revitalization: Evidence from Pengshui in Chongqing

In China, geographical indications (GIs) are seen as certificates or collective trademarks, as well as representations of quality agricultural products, and are important in revitalizing the countryside. Therefore, a combined qualitative and quantitative method was employed to examine the operational practices of GIs at the relatively micro-level of the municipality in order to identify their effectiveness and challenges in rural revitalization and propose more targeted optimization suggestions. Pengshui Miao and Tujia Autonomous County, located in the Wuling Mountains in southeastern Chongqing, is an excellent example of the positive impact GIs can have on rural development, boasting the highest number of GI trademarks in the region. Despite the large number of GIs in Pengshui, there are several issues that need to be addressed, including low brand awareness, lack of product enhancement, and poor market competitiveness. To overcome these challenges, there must be a shift from a quantity-based to a quality-based approach to GI trademark declarations. This requires promoting the transformation of traditional agriculture into modern agriculture, investing in rural infrastructure, and improving the efficiency and quality of GI product production. By doing so, individuals in the local community will be able to reap the benefits of GI trademarks, improving their income and standard of living. In view of the fact that administrative divisions and cultural regions overlap, it is important to promote interregional cooperation and encourage declarations of GI trademarks in neighboring counties. This will help to preserve the area’s local cultural heritage and promote its heritage through GIs. By taking a targeted approach to GI trademark declarations and promoting cooperation between regions, Pengshui, and other rural communities can maximize the benefits of GIs and support sustainable rural development.

Exploring farmers’ perspectives on agrobiodiversity management: future options for quinoa smallholder organizations in the Peruvian high Andes

The intensification of crop production is widely recognized to negatively affect the agrobiodiversity in smallholder systems. This trend can also be observed in Quinoa production systems, where few varieties are commercialized while maintaining traditional varieties of quinoa remains a key agricultural activity in the high-Andes landscape. In recent decades, the “boom” of quinoa production has given rise to national projects intended to ensure that farmers benefit from their agricultural heritage, including the development of a collective trademark. However, little is known about the opinions of smallholder farmers regarding quinoa varieties cultivation, farming practices, market choices, or the development of a collective trademark as a tool to safeguard a position in the booming international quinoa market. To address these questions, we developed our research in three villages in the Puno region of Peru, quinoa’s center of origin. We applied a novel combination of participatory methods: the Q methodology to interpret the perceptions of smallholder quinoa farmers concerning the activities that are important on their farms, and the Four-Square Analysis workshops to explore quinoa biodiversity management. The results of our Q-analysis revealed three types of opinions emerging among farmers: (Type 1) Conservationist, (Type 2) Intensification sustainer, and (Type 3) Collaboration seeker. Type 1 assigns importance to maintaining and promoting quinoa biodiversity through collective practices and markets. Type 2 focuses on developing export-oriented production based on certified and improved varieties, combined with efficient ways of storing quinoa. Type 3 appears to value the collective aspects of organizations and cooperation among stakeholders. According to the results of the Four-Square Analysis, most landraces of quinoa are threatened by genetic erosion, as they are cultivated in situ in small plots and on few farms. Our results are an important baseline for further project development for biodiversity conservation in situ and market inclusion engaging local communities.

Collective intellectual property as a tool for the development of agro-industrial integration

The search for a balance of interaction between large and small agricultural production is relevant. The possibilities for the development of small-scale commodity production, its competitiveness in the conditions of industrialization, are rather associated with the coverage of a non-industrial market segment. Large agricultural organizations, being system integrators, can also become integrators of small forms of cooperation, since they have significant resource potential and management experience. At the same time, a special role in directing agricultural holdings and large agricultural organizations to integration with small commodity producers should be assigned to the state. The article presents recommendations for the development of agro-industrial integration based on collective intellectual property. It has been suggested that agreements in the field of intellectual property can become instruments for the development of agro-industrial integration. They will strengthen integration processes, create an additional stream of income, and ensure the protection of competitive advantages. The types and advantages of collective intellectual property are highlighted. A universal algorithm for registration and use of collective trademarks is proposed. The results make some contribution to the theory of the development of agro-industrial integration. General scientific methods of studying economic phenomena are used.

PERBANDINGAN SUBSTANSIAL MENGENAI DEFINISI DAN RUANG LINGKUP MEREK ANTARA UNDANG-UNDANG MEREK 2001 DAN 2016

In this era of globalization and improving technology, the law of trademark is expected to adapt the society factual needs, especially in giving the boundary of definition and scope of trademark. Trademark regulation in Indonesia was previously govermed in Law Number 15 Year 2001 which has been revised by Law Number 20 Year 2016 concerning Trademark and Geographical Indication. This new law is expected to present updates on values which could reach the business practice nowadays compare to the old law. This research aims to do a substantial comparison regarding definition and scope of trademark between trademark law 2001 and 2016. This research is done using normative legal research method through comparison approach. The result shows that the definition of trademark has improved from law 2001 to 2016 by the existence of a more specific definition on trademark by adding provision regarding the shape of trademark both in two dimension and/or three dimension, voices, and hologram. Nevertheless, this definition does not clearly govern on trademark that particularly used in internet. Moreover, the trademark classification has no change that trademarks are still divided into trading trademark, service trademark, and collective trademark. Legal sytem of trademark protection is also remain the same, using the constitutive system. Regarding the trademark the can not be registered and the rejected application also has no significant change, except the additional arrangement on the trademark that can not be registered which is now including the trademark which contains element that can cause misleading to the society concerning on the origin, quality, type, size, classification, objective of the goods and or service applied, or for it is similar to names of protected plant variety for the same types of goods and or service, as well as contains information which is not appropriate to the quality, function, or benefits of the produced goods and or services.

Impact of Collective Trademarks in Mexican artisanal cheesemakers

Processes related to Collective Trademarks (CTMs), and the state of social friendship, productive support, and strategic networks, were studied for three different artisanal cheesemaker groups: Queso Bola de Ocosingo with an inactive CTM, Queso de Poro de Balancán, with an active CTM, and Quesillo de Reyes Etla, with a CTM undergoing its negotiation process. The influence of negotiation and operation of CTMs as consolidation strategies of three Mexican artisanal cheesemakers was analyzed through a mixed investigation involving in-depth interviews, social network analysis, and quantitative information. The research indicated that networks are small with scarce interaction among the actors, and, where collective strategies have not been induced, the networks are more disconnected and show a higher proportion of isolated nodes. It is concluded that, when collective strategies come from external actors without the necessary accompaniment, they tend to fail because their actions are supported by temporal actors, impacting social relations among cheesemakers.

From cultural symbols to commercial marks: a quantitative analysis of the trademark law protection of intangible cultural heritage in China

The issue of trademark law protection of intangible cultural heritage (ICH) is inevitably encountered in the conversion from cultural symbols to commercial marks. Although academic circles are still discussing this, the practice has already begun. This paper investigates the status of the trademark law protection of ICH in China from the perspective of the application and registration data of ICH trademarks. According to a quantitative analysis of 12 123 items of ICH trademark searching data in China, it can be seen that the trademark protection of ICH is not optimistic, the trademark use of ICH symbols is in a disordered state, and many ICH trademark applications may cause distortion, derogation, or dilution to the connotation of the ICH. As a result, excluding trademark squatting by outsiders and decentralized registrations by indigenous peoples, and orderly utilizing of ICH symbols under a collective trademark or a certification trademark, should be determined as the basic goal of trademark law protection of ICH. To achieve this goal, the solution of ‘exclusion plus unified utilization’ should be adopted in practice. According to this plan, indigenous peoples, the trademark office, courts, and the Center of ICH Protection need to collaborate and improve the trademark law protection of ICH through awareness-raising, actions, institutions, and information.

EU General Court says that there is no likelihood of confusion between EU collective trade mark ‘HALLOUMI’ and ‘BBQLOUMI’

Abstract EU General Court, Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v European Union Intellectual Property Office (EUIPO), T-328/17, EU: T:2021:16, 20 January 2021

The Potential and Contradictions of Geographical Indication and Patrimonization for the Sustainability of Indigenous Communities: A Case of Cordillera Heirloom Rice in the Philippines

In the Montane areas of Cordillera, the Philippines, the IP (indigenous people) have cultivated native rice for generations on their rice terraces, which were designated a United Nations Educational, Scientific and Cultural Organization (UNESCO) World Cultural Heritage site in 1995 and a Food and Agriculture Organization (FAO) World Agricultural Heritage site, Globally Important Agricultural Heritage System (GIAHS) in 2011. This heirloom rice was registered as a collective trademark in 2018 and will be registered as a sui generis geographical indication (GI) in the coming years. Based on the author’s interviews with the stakeholders in heirloom rice production conducted in the Philippines in 2019, this article aims to analyze whether GI and patrimonization contribute to the sustainability of the IP communities in Cordillera. This paper demonstrates that GI and patrimonization exhibit both potential and contradictions in ecological, socio-cultural, and economic dimensions of sustainability in the communities, and the compatibility of these dimensions is challenged. The paper concludes that public policies need to pay particular attention to accompanying IP communities when GI and patrimonization are designed to protect them from over-development of the designated area and over-commodification of their certified agri-food products.

BRANDING TOLMIN CHEESE

The author presents the history of local cheese evaluation, from the commodification at the end of the 19th century to modern qualification instruments, emphasizing the collective trademark and the protected designation of origin. The main actors involved in the branding process, their objectives, effects, and specific features are outlined. In addition to strengthening agricultural production, food processing, and market supply, the branding processes have shaped and consolidated representations of (past) regional cheese production and livestock breeding, and have built locality.

Tolminc Cheese Scuffles behind Closed Doors

The article gives a historical overview of cheese production and labelling of Tolminc cheese in the upper Soca valley in the Julian Alps (Slovenia). Three distinct approaches to Tolminc cheese are described: Tolminc cheese with Protected Designation of Origin, Tolminc cheese with a collective trademark, and non-certified and unregistered Tolminc-like cheese.

Legal Protection of Collective Trademark Holder in Business Competition Perspective

This study examines 2 (two) main issues, namely how is the regulation of collective brands in the legal system in Indonesia, and can collective brands be used as alternatives to brand protection to reduce business competition? The method used is a normative method with a legislative approach and a case approach. The results of the research prove that the regulation of the collective mark has been regulated in the Brand Law No.20 of 2016 concerning Brands. However, people's understanding of the Trademark law is still lacking so that people do not register their brands individually or collectively.

Collective Trademark as Alternative of Joint Brand Protection for Dupa Harum Kekeran in Bali

In Kekeran Village, Penebel District, Tabanan Regency, people’s understanding on the importance of legal protection of Intellectual property rights over brands are not well-established. In the village, Dupa Harum Kekeran, a kind of fragrance incense, is the product of a group of women. They use the Kekeran logo; and the logo has not been registered to the Directorate General of Intellectual Property Rights. Brand is a sign that enables customers to identify and differentiate products of companies. As a differentiator, it can also be a marker of an item’s reputation. The study employed an empirical legal research method by using primary and secondary data which were analyzed descriptively and qualitatively. The study concludes that collective trademark can be used as an alternative of legal protection. It can be used to reduce business competition in the Tabanan Regency. Legal protection is preventive and can be used together to reduce the level of business competition among the makers of Dupa Harum Kekeran. In particular, the business competition is managed by the home industry. Therefore, legal protection through a collective trademark can be more effective and efficient. The government has to cut the bureaucracy of brand registration and the trademark registration can now be done online. The role of the government in efforts to provide the collective trademark protection can be said to be very optimal.

Intellectual Property Strategies for Timber and Forest Products: The Case of Regional Collective Trademark Applications by Japanese Forestry Associations

In this study, we clarify the motivation for applying for regional collective trademarks (RCTs) and the effects perceived by the right holders of wood and forest products. We further examine the historical contexts and social circumstances of production regions with RCT registrations. A survey of eight right holders, including forestry associations that applied for RCTs, was conducted in this study. We obtained a sufficient quantity of perception data for comparisons across different production sites. The primary motivations of forest associations applying for RCTs were preventing counterfeit goods and improving awareness and familiarity. It was identified that the relative lengths of the brand histories have impacted the current branding strategies, including the motives for RCT applications. In terms of the perceived effects of RCTs, four RCT right holders perceived the former positive effect of preventing counterfeit goods, and seven perceived the latter positive effect of improving awareness and familiarity. All of the forest associations intend to renew their RCTs. The primary motivation of the RCT holders is not price enhancement. It remains to be seen whether the RCT brands can differentiate themselves to consumers and constructors in terms of quality or brand stories.

Geographic indications (GI): linking history and tradition with competitive business

Geographic Indications (GI) represent a collective trademark created to protect producers and promote the trade of products that have become notorious due to its region of production. Therefore, the main objective of this paper is to provide an overview on the concepts of GI and provide the main relevant facts and figures of GI worldwide and in Brazil.As of July 2019, more than 130 thousand of GIs were registered at the World Intellectual Property Organization, mainly in Europe, Asia and the Americas. In Brazil, as an emerging economy, GI is becoming an increasingly important, both in terms of protecting Brazilian typical products as well as the GI from other countries trading with Brazil. Consumption trends towards originality, typical products, expressing certain quality attributes may further develop businesses in different parts of the world. Consumers with higher income may prefer certain quality attributes for the products and services they consume. In this context, GI represent a strong and sustainable strategy to provide those goods and services to those demanding consumers.

The Position and Use of Regional Collective Trademarks

The Position and Use of Regional Collective Trademarks

Objectives and Effectiveness of Brand Protection Systems for Regional Brands

Based on a field survey of 12 products, this study reveals the objectives and effectiveness of the Geographical Indication Protection System (GI) and Regional Collective Trademarks, which promote regional branding of agricultural products. We evaluate the effectiveness of both systems from the viewpoints of “constructing a production management system,” “controlling imitations,” “expanding awareness,” “rising price,” and “expanding production scale.” Moreover, we examine the effectiveness of “rising price” for Tsurajima Gobou and Miyagi Salmon using the Price Premium Method.The main results are as follows. First, the field survey reveals that GI-specific rules are useful. The government uses these rules to regulate imitation, and organizations that do not have corporate status can register their products under the GI system. Second, the prices of many agricultural brands remain unchanged after registration with brand protection systems. After registration, due to their strict production management systems or positive appeal to wholesalers, those prices are raised. Moreover, we confirmed that the price of Tsurajima Gobou and Miyagi Salmon are raised after registration using the Price Premium Method.

LEGAL PROTECTION OF TRADEMARKS IN UKRAINE AND EU COUNTRIES (COMPARATIVE LEGAL ANALYSIS)

The article is devoted to the research of the peculiarities of the legal protection of trademarks, which are means of individualization of participants in civilian circulation, in accordance with the domestic legislation of Ukraine, international treaties and national legislation of certain European countries. It is stated that this object of intellectual property rights today is a very important strategic asset, a prerequisite for successful development of the country and maintenance of international economic relations, therefore the legislation in this sphere should correspond to the present. The necessity of improving the legislation of Ukraine based on the experience of foreign countries is substantiated.The problematic questions of the definition of a trademark concept are considered. The historical features of the establishment of a trademark institution as an object of intellectual property and its transition from the economic sphere to the legal.A description of the basic legal acts in this area and their interrelation is presented. The necessity of legislative definition of sound, collective trademarks, as well as the principle of conscientiousness and morality in registration of these objects is emphasized. These are the most important signs of trademark security.

The Certification Mark as a New EU-Wide Industrial Property Right

This article deals with the EU certification mark, which is a new development in EU trade mark law introduced by amendments to Regulation 207/2009 on EU trade marks. The article describes the basic purpose of certification marks, which is to certify the characteristics of goods and services, and compares them with other types of marks (ordinary and collective trade marks). The conditions that need to be met in order to obtain an EU certification mark are emphasised. In this context several issues are discussed, especially those regarding the ownership of certification marks and the related rules under which the trade mark owner is prohibited from performing business involving the supply of goods or services of the kind certified, ambiguities surrounding the concept of the certifying body, the co-existence of an ordinary mark, and the restrictions regarding the use of certification marks. The authors believe that a certifying body as a term used in the amended Regulation 207/2009 should encompass the owner as well as third parties authorised to monitor the use of EU certification marks, and that the co-existence of a mere “plain” ordinary mark registered for the same goods or services as certified or a filed application thereof should be a reason for refusal of registration or its invalidity.